Bill Text: IL HB0467 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Ambulatory Surgical Treatment Center Act. Provides for the licensure of pregnancy termination specialty centers. Defines "pregnancy termination specialty center" as a facility that performs 50 or more surgical abortions in one calendar year. Provides that the definition of "ambulatory surgical treatment center" does not include a pregnancy termination specialty center. Contains certain requirements for pregnancy termination specialty centers. Provides that certain requirements pertaining to ambulatory surgical treatment centers do not apply to pregnancy termination specialty centers. Provides that the provisions of the Act apply to pregnancy termination specialty centers, but if a provision of the Act is in conflict with a provision concerning pregnancy termination specialty centers, then the provision concerning pregnancy termination specialty centers shall control. Requires the Department of Public Health to annually conduct at least one unannounced inspection of each pregnancy termination specialty center. Contains provisions requiring the notification of patients if the Department finds a violation of the Act that could threaten patients' health. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0467 Detail]

Download: Illinois-2017-HB0467-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0467 Introduced , by Rep. Sheri Jesiel SYNOPSIS AS INTRODUCED:
210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3
210 ILCS 5/6.3 new
Amends the Ambulatory Surgical Treatment Center Act. Provides for the licensure of pregnancy termination specialty centers. Defines "pregnancy termination specialty center" as a facility that performs 50 or more surgical abortions in one calendar year. Provides that the definition of "ambulatory surgical treatment center" does not include a pregnancy termination specialty center. Contains certain requirements for pregnancy termination specialty centers. Provides that certain requirements pertaining to ambulatory surgical treatment centers do not apply to pregnancy termination specialty centers. Provides that the provisions of the Act apply to pregnancy termination specialty centers, but if a provision of the Act is in conflict with a provision concerning pregnancy termination specialty centers, then the provision concerning pregnancy termination specialty centers shall control. Requires the Department of Public Health to annually conduct at least one unannounced inspection of each pregnancy termination specialty center. Contains provisions requiring the notification of patients if the Department finds a violation of the Act that could threaten patients' health. Effective immediately.
LRB100 05393 MJP 15404 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0467 LRB100 05393 MJP 15404 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 3 and by adding Section 6.3 as
follows:
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures. "Ambulatory surgical treatment center"
includes any place that meets and complies with the definition
of an ambulatory surgical treatment center under the rules
adopted by the Department or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23

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hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital Licensing
Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority
under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(6) Any pregnancy termination specialty center.

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(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
(G) "Podiatric physician" means a person licensed to
practice podiatry under the Podiatric Medical Practice Act of
1987.
(H) "Pregnancy termination specialty center" means any
facility that performs 50 or more surgical abortions in one
calendar year.
(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;
99-180, eff. 7-29-15.)
(210 ILCS 5/6.3 new)
Sec. 6.3. Pregnancy termination specialty centers.
(a) On and after the effective date of this amendatory Act
of the 100th General Assembly, a pregnancy termination
specialty center must be licensed to operate in this State.
The initial and renewal application for licensure must

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include the name, address, and telephone number of all owners,
administrators, and medical directors of the pregnancy
termination specialty center. However, the other information
required by this Section shall be maintained at the pregnancy
termination specialty center and be available for inspection by
the Department. The information shall include the original or
notarized copies of the credentials of all licensed or
certified personnel.
(b) A pregnancy termination specialty center must comply
with the provisions of this Act and the rules adopted under
this Act. However, if there is any conflict between this
Section and a provision of this Act or rule adopted under this
Act, this Section shall control.
(c) A pregnancy termination specialty center must comply
with the following requirements:
(1) Mechanical ventilation devices and intubation
equipment shall be available on-site if intravenous
sedation is used.
(2) If the facility does not meet the requirements of
77 Ill. Adm. Code 205.540(d), the medical director or a
physician practicing at the pregnancy termination
specialty center must have a professional working
relationship or agreement, maintained in writing at the
pregnancy termination specialty center and verifiable by
the Department, with a physician (i) who has admitting or
practice privileges at a licensed hospital within 15

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minutes from the pregnancy termination specialty center
and (ii) who will assume responsibility for all patients
requiring such follow-up care.
(3) Adequate space shall be provided to accommodate any
equipment necessary for examination, to perform
examinations safely, and to allow unobstructed ingress and
egress to and from the examination area; however, a
separate examination room is not required.
(4) Each room in which a procedure to terminate
pregnancy is performed shall be at least 120 square feet in
size with a minimum dimension of at least 10 feet, unless
the pregnancy termination specialty center demonstrates
that the room size is adequate to accommodate the equipment
required for the procedures, to facilitate the performance
of the procedures safely, and to protect the patients and
staff in the event of fire or other emergency.
(5) No fewer than 3 recovery beds or lounge chairs
shall be required for each procedure room. However, if the
pregnancy termination specialty center's narrative program
provides that no more than 2 procedures per hour will be
performed per procedure room, then only 2 recovery beds or
lounge chairs shall be required for each procedure room. A
minimum of 3 feet shall be provided between each recovery
bed or lounge chair, and an unobstructed passageway of a
minimum of 4 feet shall be provided at one end of each bed
or chair.

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(6) The pregnancy termination specialty center shall
provide for direct visual supervision of the recovery area
for all patients; however, the recovery area is not
required to include a drug distribution station, charting
facility, nurses station, or storage space for supplies and
equipment.
(7) A toilet for patient use shall be in the recovery
area or in a location that does not require patients to
enter public areas or other patient care areas in order to
gain access from the recovery area. This toilet shall not
be available for public use. A gray diverter valve is not
required on the toilet in the recovery area if a means of
fluid waste disposal is provided at another location within
the pregnancy termination specialty center.
(8) A scrub station is required outside the procedure
room, unless the procedure room contains a sink with hand
washing capabilities.
(9) Facilities shall be provided for closed clean
storage that prevents contamination by soiled materials
and for storage and handling of soiled linens and other
soiled materials; however, a separate soiled workroom is
not required. These procedures shall be described in the
pregnancy termination specialty center's narrative
program.
(10) Space shall be provided for any changing or
gowning that is required by the specific procedures that

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are being performed, in accordance with the pregnancy
termination specialty center's narrative program; however,
a one-way traffic pattern through staff change areas is not
required.
(11) There must be a separate janitor's closet for the
surgical suite, unless the janitor's closet for the
pregnancy termination specialty center is centrally
located and contains space for the storage of supplies
needed for cleaning both the surgical and non-surgical
areas of the pregnancy termination specialty center.
(12) A minimum corridor width of 5 feet and a minimum
door width of 3 feet shall be provided for all corridors
and for all doors that are accessible to the public or
through which patients may need to be transported in an
emergency.
(13) Ceilings in procedure and recovery rooms shall be
cleanable; however, the ceilings are not required to be
washable.
(14) The temperature in the pregnancy termination
specialty center shall be maintained between 68 and 80
degrees Fahrenheit; however, ventilation, air change, and
air filter requirements applicable to ambulatory surgical
treatment centers do not apply.
(d) The following requirements applicable to ambulatory
surgical treatment centers do not apply to pregnancy
termination specialty centers:

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(1) The requirements of 77 Ill. Adm. Code 205.1400(d)
for flush thresholds and expansion joints.
(2) The requirements of 77 Ill. Adm. Code 205.1410 for
elevators.
(3) The requirements of 77 Ill. Adm. Code 205.1350 for
administrative and public areas of the pregnancy
termination specialty center.
(4) One duplex receptacle for each wall is not
required.
(5) A change area for patients is not required.
(6) Anesthesia and medical gas storage facilities are
not required.
(7) A control station for the operating suite is not
required.
(8) A communication system between the control station
and each procedure room is not required.
(e) The Department shall annually conduct at least one
unannounced inspection at each pregnancy termination specialty
center. If, during an inspection, the Department finds any
violation of this Act or rule under this Act that could
potentially give a patient an infectious disease that could
threaten the health of the patient, notice of the violation
must be immediately provided, in writing, to the patient by (i)
the pregnancy termination specialty center or (ii) the
Department, if the pregnancy termination specialty center has
closed. The notice to the patient shall include a description

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of the violation, the time frame during which the violation
occurred, the location of the violation, and the potential
health risks to the patient. The pregnancy termination
specialty center shall submit a copy of the notice in the
pregnancy termination specialty center's plan of correction to
the Department.
Section 99. Effective date. This Act takes effect upon
becoming law.